lodger grandson preventing sale of house on owners death

RAS

We seem to be forgetting what the grandson has already said' that he does not intend to leave the house after FIL's death.

pinta wrote: »

The grandson says he has "rights" and wouldn't move out, so preventing the sale. Has he any rights at all in this?

So whatever advantage FIL might gain, grandson's purpose is clear.

BitterAndTwisted

Sounds like some goon down the pub has been "advising" him about squatter's rights or similar. All total cobblers.

Any family member who tries to hold that kind of threat over my head would be given his marching orders

itsanne

Does FIL know of grandson's threats? If no, he should be told. Only then is anyone in a position to decide what to do while FIL is alive.

Kynthia

HPoirot wrote: »

If FIL passes, you should not accept rent from the grandson and instead get the executor to write to him giving him notice to leave.

I believe this is correct. As long as no rent is accepted from the grandson/lodger after the resident owner passes away, he does not become a tenant with the associated rights. Therefore he can be given reasonable notice to leave by the executors. What is reasonable can be decided between everyone involved should they wish, but I would think at least four weeks in the circumstances. If he refuses to leave then the locks can be changed but force can't be used. So he shouldn't be able to prevent the sale of the property.

alwaysonthego_2

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jjlandlord

You're being quite generous suggesting a 4 week notice.
Presumably the situation has been developing over a few weeks already. As such I would tell the parasite to pack by next weekend.

Then locked changed when he is away, and he should not be allowed in thereafter under any circumstance.
As Kynthia rightly pointed out, do not accept any money from him.

He's a complete disgrace to himself, his parents, and his late grand father... I foresee pleasant family gatherings in the decades to come.

hcb42

Grandfather is not dead yet, and he is keeping him company...

BigAunty

Is there any chance the property owner will have the inclination to ask the excluded occupier to leave in the near future to prevent a future dispute?

Is there a chance that the property owner will consent to asking a solicitor to draw up a letter to their relative, informing them of their non-existent inheritance rights and lack of security of tenure?

You may find this thread helpful as the OP was in a similar situation (non paying sister stayed on in late mother's house).

"I have now spoken to a solicitor who informs me that the sister currently has no right of occupancy and, as there is not formal tenancy agrement in place, I am at liberty to expect her to move out at any date I specify. If she fails to, I can go to the court and seek an eviction order and that the outcome is that the court is likely to award costs against my sister who failed to move out."

https://forums.moneysavingexpert.com/discussion/4833365

bouicca21

With all due respect to previous posters, we do not know enough to judge whether the grandson is a leech, an unpaid live in carer or something in between. We don't know whether his expressed refusal to move out on grandads death stems from obstinacy, nastiness, a suspicion that grasping children want to profit from the old man's death, or fear of being made instantly homeless.

Personally I feel for the 86 year old whose property is being fought over before he is in his grave.

Mojisola

bouicca21 wrote: »

Personally I feel for the 86 year old whose property is being fought over before he is in his grave.

If you are named as an executor of a will and you know of a potential problem which will make it difficult to comply with the deceased's wishes, it makes sense to try to sort it out or to understand how to deal with the issue beforehand.

In this situation, if the executors didn't know better, they could accept "rent" from the resident relative and unintentionally give him rights to stay at the house.

I don't understand why it's considered "bad" to talk about what will happen after someone's death until they've actually died. If we all thought like that, none of us would ever write wills.